The Wto and the New Generation Eu Fta Dispute Settlement Mechanisms: Interacting in a Fragmented and Changing International Trade Law Regime

ISBN-13: 9783030831202 / Angielski / Miękka / 2022

Cornelia Furculiță

Opis

This book explores interactions between the new generation EU FTA and the WTO dispute settlement mechanisms, adopting an innovative, comprehensive approach. It investigates how the mechanisms potentially could and actually do compete, conflict, and cooperate, focusing not only on the potential negative consequences of fragmentation, but also on how synergies could be enhanced. Thus, unlike the existing literature, which chiefly focuses on conflicting interactions, it considers positive and negative interactions alike. 

Moreover, the book explores the topic in light of the most recent changes in and challenges to the international trade law regime. Particular attention is paid to how the multilateral and bilateral mechanisms studied interact with regard to the current WTO dispute settlement crisis and the EU-backed multi-party interim appeal arbitration arrangement. Thus, the book provides up-to-date answers to compelling questions. It also examines in detail the new generation EU FTA dispute settlement mechanisms, an aspect which has not been the subject of thorough research to date.

The book pursues an interdisciplinary approach, combining legal methodology, international relations and political science theories with interviews. Given its scope, the book will appeal to researchers and scholars whose work involves international trade law issues. However, it will also be of interest to general international law academics, as it touches upon such issues as fragmentation, forum shopping, and general rules of interpretation. Furthermore, by analysing and presenting proposals with regard to the new generation EU FTAs, it will also be pertinent to the work of EU policymakers and researchers studying EU trade law.

Spis treści

Introduction.- Part I Context and Concepts.- Setting the Context.- Conceptual Framework.- Part II. Competing Interactions Between the WTO and the New Generation EU FTA DSMs.- The Changing Context.- Substantive Coverage and Considerations.- Competing Procedural Considerations.- Competing Political Considerations.- Conclusions on the Competing Interactions Between the WTO and the New Generation EU FTA DSMs.-Part III Conflicts of Jurisdiction Between the WTO and the New Generation EU FTA DSMs.- Conflicts of Jurisdiction Between the DSMs of the WTO and FTAs in General.- Assessment of the Jurisdictional Clauses in the New Generation EU FTAs.- Part IV. Cooperative Interactions Between the WTO and the New Generation EU FTA DSMs.- Judicial Communication.- Prospective Developments for Contemplation.- Conclusion.

O autorze

Dr. Cornelia Furculita is a Research Assistant at the German University of Administrative Sciences Speyer (Germany). She holds a Bachelor degree in Law from Moldova State University (Republic of Moldova), a Master degree in International Trade and Investment Law from the University of Amsterdam (the Netherlands) and a PhD in Law from Germany University of Administrative Sciences Speyer (Germany). From September 2017 until August 2020, she was a Marie Curie Early Stage Researcher at the University of Speyer, funded by the EU Horizon Project EUTIP. During her PhD studies, she was a visiting researcher at the University of Passau (Germany), T.M.C. Asser Instituut (the Netherlands), NautaDutilh (the Netherlands), and BusinessEurope (Belgium). Dr. Furculita has also taught the course entitled EU and International Trade Law at the University of Speyer in Winter Semester 2019-2020. She has also participated at the iCourts Summer Schools 2019 (Denmark) and presented her research at numerous conferences.